MARK STEGER SMITH Assistant U.S. Attorney U.S. · PDF file ·...

$: MARK STEGER SMITH Assistant U.S. Attorney U.S. · PDF file · 2014-08-212014-08-21 · Kingman Reef Atoll Inv., L.L.C. v. United States, 541 F.3d 1189, 1197 (9th Cir. 2008). ... \civil\2014v00019\MTD2$
S:\civil\2014v00019\MTD2 Rule 12(b)(1)_MEMO_cdh.docx 1

MARK STEGER SMITH Assistant U.S. Attorney U.S. Attorney’s Office James F. Battin Federal Courthouse 2601 2nd Ave. North, Box 3200 Billings, MT 59101 Phone: (406) 247-4667 FAX: (406) 657-6055 E-mail: [email protected] ATTORNEY FOR DEFENDANT

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MONTANA

BILLINGS DIVISION

KURT HAEKER, Plaintiff, vs. UNITED STATES OF AMERICA, Defendant.

CV-14-20-BLG-SPW-CSO UNITED STATES’ MEMORANDUM IN SUPPORT OF MOTION TO DISMISS

Procedural History

On February 26, 2014, Plaintiff filed a complaint in the above-

captioned matter. Plaintiff’s complaint seeks to partition 60 acres of

land in Allotment 3316, a parcel held in trust by the United States

Case 1:14-cv-00020-SPW Document 21 Filed 06/20/14 Page 1 of 15


within the exterior boundaries of the Crow Reservation. Plaintiff’s

original complaint was inadequate because Plaintiff filed it on behalf of

a Limited Liability Corporation, and he is not licensed to practice law.

Doc. 9. Plaintiff amended his complaint on May 13, 2014, asserting

that the Limited Liability Corporation conveyed an undivided fee

interest in trust Allotment 3316 to him. On May 22, 2014, the United

States moved to dismiss Plaintiff’s amended complaint for failure to

state a claim pursuant to Fed. R. Civ. P. 12(b)(6). Plaintiff filed a

second amended complaint on June 6, 2014.

Plaintiff’s second amended complaint (Doc. 19) seeks to partition

60 acres of Allotment 3316. Allotment 3316 is located on the Crow

Indian Reservation. It is comprised of approximately 840 acres located

in three sections, i.e., Section 7 contains approximately 160 acres in Big

Horn County, Section 28 contains approximately 120 acres in Big Horn

County, and Section 33 contains approximately 560 acres in

Yellowstone County. See Exhibit 1, BIA Title Status Report certified

on June 20, 2014. As noted in the Title Status Report, Allotment “3316

is held by the United States of America in trust for the land owner(s)

with trust interests and/or by the land owner(s) with restricted



interests and/or fee simple interests . . . . Ownership is in unity and

interests are owned in the following title status: trust, fee.” Exhibit 1

at 1 (emphasis added).

Plaintiff asks this Court to partition “the NE quarter of the NE

Quarter and the North Half of the Southeast Quarter of the North east

quarter of Section 33 Range 29 East, Township 3 south, Section 33

consisting of 60 acres and vest title in the name of Kurt Haeker.” Doc.

19 at 4, lines 110-114.

History of Allotment 3316

In 2009 Yellowstone County levied $28.95 in taxes against the

1/9% undivided fee interest in Allotment 3316. See attached Exhibit 2,

Tax Deed corrected and recorded on May 5, 2014 under Doc. No.

3704484 to reflect 560 acres in Section 33.1 The former owner of the

undivided fee interest, Diana C. Feller, did not redeem the lien within

the time allowed by law, and on July 9, 2010, Yellowstone County

bought the tax lien for $356.00. Id. Yellowstone County assigned the

tax lien to Colorado Assets LLC on December 15, 2011, and shortly 1 While the total acreage of 560 acres set forth in the corrected tax deed is correct, the real property description is not correct. The real property description of the 560 acres in Section 33 is S1/2, NE1/4, E1/2NW1/4. See Title Status Report attached as Exhibit 1 and Patent No. 25-85-0445 attached as Exhibit 4.



thereafter issued a tax sale certificate to Colorado Assets LLC. Id.

Yellowstone County issued a tax deed for the 1/9% undivided fee

interest in Allotment 3316 to Colorado Assets LLC on December 9,

2013. Id. Colorado Assets LLC subsequently conveyed the 1/9%

undivided fee interest in Allotment 3316 to Plaintiff. See attached

Exhibit 3, Quit Claim Deed.

Standard of Review

On a motion to dismiss a complaint for lack of subject matter

jurisdiction pursuant to Rule 12(b)(1), Fed. R. Civ. P., the party

asserting claims has the burden of demonstrating that jurisdiction

exists. Thornhill Pub. Co., Inc. v. Gen. Tel. & Elec. Corp., 594 F.2d 730,

733 (9th Cir. 1979). When subject matter jurisdiction is challenged

under Rule 12(b)(1), the plaintiff has the burden of proving jurisdiction

in order to survive the motion. Kingman Reef Atoll Inv., L.L.C. v.

United States, 541 F.3d 1189, 1197 (9th Cir. 2008).

The court presumes lack of jurisdiction until the plaintiff proves

otherwise. Stock West, Inc. v. Confederated Tribes, 873 F.2d 1221, 1225

(9th Cir. 1989). In adjudicating a motion to dismiss for lack of

jurisdiction, the court is not limited to the pleadings, and may properly



consider extrinsic evidence. Ass’n of American Med. Coll. v. United

States, 217 F.3d 770, 778 (9th Cir. 2000). Where the court concludes

that it lacks jurisdiction, it must dismiss the action without reaching

the merits of the complaint. High Country Res. v. FERC, 255 F.3d 741,

748 (9th Cir. 2001).

Argument

A. 28 U.S.C. §§ 2409 and 1347 do not provide a basis for this court to exercise subject matter jurisdiction.

Plaintiff argues that this Court has jurisdiction under 28 U.S.C.

§ 1347. Section 1347 governs partition actions where the United States

is a tenant in common or a joint tenant. The statute states:

The district courts shall have original jurisdiction of any civil action commenced by any tenant in common or joint tenant for the partition of lands where the United States is one of the tenants in common or joint tenants.

28 U.S.C. § 1347.

In addition, Plaintiff argues that he is entitled to partition his

undivided fee interest in the allotted trust land pursuant to 28 U.S.C. §

2409. Section 2409 states that:

Any civil action by any tenant in common or joint tenant owning an undivided interest in lands, where the United States is one of such tenants in common or joint



tenants, against the United States alone or against the United States and any other of such owners, shall proceed, and be determined, in the same manner as would a similar action between private persons.

28 U.S.C. § 2409.

Sections 2409 and 1347 contemplate situations where the United

States is a joint tenant or tenant in common with the party seeking

relief. Contrary to Plaintiff’s assertion, the United States is not a joint

tenant or tenant in common with Plaintiff or any of the undivided trust

interest owners of Allotment 3316. Affiliated Ute Citizens of Utah v.

United States, 406 U.S. 128, 143 (1972). In Affiliated Ute, the Supreme

Court held that 28 U.S.C. § 2409 did not provide jurisdiction where

Indian tribal members sought distribution of their interest in a mineral

estate in land to which the United States held title. Id. Rather, that

statute applies only to partition suits where the United States is a

tenant in common or a joint tenant. Id.; see also Quiver v. Deputy Asst.

Sec’y, Indian Affairs, 92 I.D. 628 (1985) (holding that the Bureau of

Indian Affairs is not a tenant in common with the non-trust holders of

fee interests in an Indian allotment).



While legal title in Allotment 3316 is vested in the United States,

the beneficial title is owned by Indian owners with undivided trust

interests and Plaintiff, a non-Indian owner with undivided fee interests.

Quiver, 92 I.D. at 633; Affiliated Ute, 406 U.S. at 141; see attached

Exhibit 1, Title Status Report. The United States has a fiduciary duty

to the Indian trust interest owners. United States v. Mitchell, 445 U.S.

535, 542 (1980). The United States has a trust responsibility to the

individual trust interest holder for the common property as a whole, no

matter what percentage of the undivided interests are held in trust.

Bailess v. Paukune, 344 U.S. 171, 173 (1952); United States v. Mitchell,

463 U.S. 206, 224-26 (1983).

Although the common property may be considered to be held in

trust, the United States is not a tenant in common with the undivided

interest owners. Quiver, 92 I.D. at 633; Affiliated Ute, 406 U.S. at 143;

United States v. Algoma Lumber, 305 U.S. 415 (1939). Unlike tenants

in common, the United States has no right to possess or use Indian

trust or restricted land. Algoma Lumber, 305 U.S. at 421. The United

States has only limited statutory and regulatory rights and duties,



including approval or disapproval of conveyances of the land by the

protected Indian owners. Id.; see also Mitchell, 445 U.S. at 542-543.

Plaintiff wrongly claims that Allotment 3316 “is not trust land, . . .

[it] is fee land that the United States expressly patented.” Doc. 19 at 4.

Plaintiff’s patent is for an undivided fee interest in an Indian allotment

held in trust by the United States for the benefit of the individual

Indian allottees. See Bailess, 344 U.S. at 173. Plaintiff may sell, lease,

or otherwise dispose of his undivided fee interest in the common

property without the consent of the other cotenants and without other

owners joining in the conveyance. United States v. Craft, 535 U.S. 274,

279-280 (2002). But, for the purposes of the United States’

administration of the trust duty owed to the individual Indian trust

interest owners, the common property, to which the United States holds

title, is treated as trust land. See Bailess, 344 U.S. at 173. There is not

a particular segment of the actual physical land in Allotment 3316 that

can be identified as trust or fee. If Plaintiff wants to partition 60 acres

of land (an area equal to his undivided fee interest in Allotment 3316),

he must negotiate with the other undivided interest owners, not seek



partition against the United States under inapplicable statutory

authority.

Plaintiff has not shown that he is a tenant in common or a joint

tenant with the United States, so Plaintiff has failed establish this

Court’s subject matter jurisdiction pursuant to 28 U.S.C. § 1347 or §

2409. Affiliated Ute, 406 U.S. at 139-143.

B. The United States has not waived its sovereign immunity under the Quiet Title Act.

Plaintiff argues that “Congress has retained sovereign immunity

for Indian Trust Lands, however this applies to quiet title actions, 28

USC 2409a (Quiet Title Act), not partition actions governed by 28 USC

2409, and relief sought is not to divest the US of legal title.” Doc. 19 at

4.

The Quiet Title Act deprives this Court of jurisdiction to partition

trust Allotment 3316 because Plaintiff is an adverse claimant to the

United States’ title and partition would certainly divest the United

States of title to that portion of the trust land that Plaintiff seeks to

partition.



In cases concerning the United States’ title to real property, the

Supreme Court has construed the Quiet Title Act, 28 U.S.C. § 2409a, as

a waiver of sovereign immunity providing the exclusive means for

challenging such title. Block v. North Dakota, 461 U.S. 273, 286 n.22

(1983); United States v. Mottaz, 476 U.S. 834, 843 (1986); see also

Wildman v. United States, 827 F.2d 1306, 1308 (9th Cir. 1987). The

Quiet Title Act permits the United States to be named as a defendant in

lawsuits seeking the adjudication of disputed title to land. Block, 461

U.S. at 286 n.22; Mottaz, 476 U.S. at 843; Wildman, 827 F.2d at 1308.

But when the United States claims an interest in real property based

upon that property’s status as trust or restricted Indian lands, the

United States is immune from suit under the Quiet Title Act. Mottaz,

476 U.S. at 843; Wildman, 827 F.2d at 1308.

The Quiet Title Act’s “Indian lands” exception renders the federal

government immune because Plaintiff is an adverse claimant asserting

a competing property interest in Allotment 3316. See Match-E-Be-

Nash-She-Wish Band of Pottawatomi Indians v. Patchak, 132 S. Ct.

2199, 2206-2208 (2012). Plaintiff, an “adverse claimant,” wants to

divest the United States of its title to 60 acres in the allotment and



desires a declaration that he alone possesses valid title to those 60

acres. See id. at 2207; Mottaz, 476 U. S. at 842 (“What [the plaintiff]

seeks is a declaration that she alone possesses valid title.”). The Indian

lands exception to the Quiet Title Act forbids this action.

Similarly, in Ducheneaux v. Secretary of the Interior, a non-Indian

sought to partition her deceased Indian husband’s land held in trust by

the United States. Ducheneaux, 837 F.2d 340 (8th Cir.), cert. denied,

486 U.S. 1055 (1988). The Eighth Circuit held that the Quiet Title Act

deprives a federal court of jurisdiction to partition trust property where

partition would divest the United States of title to a portion of the

property. Id. at 344. Such claims are barred under the only statute

that allows suit against the federal government, i.e., the Quiet Title Act.

Preservation of immunity under the Indian lands exception to the

Quiet Title Act applies as long as the government has a “colorable

claim” regarding its title as trustee to the land at issue. Wildman, 827

F.2d at 1309; Alaska v. Babbitt, 182 F.3d 672, 675 (9th Cir. 1999)

(“[T]he Indian lands exception applies only if the lands at issue are

Indian lands, or at least colorably so.”). The colorable claim

requirement is not a burdensome one. Wildman, 827 F.2d at 1309.



“[T]he purpose of the doctrine is to prevent judicial examination of the

merits of the government’s position.” Id. Accordingly, to the extent the

Quiet Title Act allows any inquiry on the merits, that inquiry is limited

to a determination that the government has some rationale for its

claim. Alaska v. Babbitt, 38 F.3d 1068, 1076 (9th Cir. 1994).

In this case, the Title Status Report for Allotment 3316 attached

as Exhibit 1 confirms that the United States holds Allotment 3316 in

trust for the benefit of the individual Indian allottees. The United

States’ interest in Allotment 3316 is, therefore, the type contemplated

by the “trust or restricted Indian lands” limitation of the Quiet Title

Act. As a result, the United States has not waived its sovereign

immunity and this case must be dismissed.

Conclusion

For the foregoing reasons, the Court lacks subject matter

jurisdiction and the second amended complaint must be dismissed with

prejudice.



DATED this 20th day of June, 2014. MICHAEL W. COTTER United States Attorney /s/ MARK STEGER SMITH___ Assistant U. S. Attorney Attorney for Defendant



CERTIFICATE OF COMPLIANCE

Pursuant to Local Rule 7.1(d)(2)(E), the attached brief is

proportionately spaced, has a typeface of 14 points and contains 2,277

words, excluding the caption and certificates of compliance and service.

DATED this 20th day of June, 2014.

/s/ MARK STEGER SMITH__ Assistant U. S. Attorney

Attorney for Defendant



CERTIFICATE OF SERVICE

I hereby certify that on the 20th day of June, 2014, a copy of the foregoing document was served on the following persons by the following means:

1-2 CM/ECF Hand Delivery 2 U.S. Mail Overnight Delivery Service Fax E-Mail 1. Clerk of Court

2. Kurt Haeker

3315 38th Street West Billings, MT 59102 [email protected] (406) 425-2521 Pro Se Plaintiff

/s/ MARK STEGER SMITH_ Assistant U. S. Attorney Attorney for Defendant


mailto:[email protected]

United States Department of the ■nteriorBureau of lndian Affa■ rs

Tit■ e Status Report

Report Certification Time and Date: 06/20/2014 10:02:50 AMRequestor: SFALLSDO Date/Time: 06/20/2014 10:17:18

Land Lega■ DescriptionLand Area Land Area Name Tract N― ber LTRO RegiOn Agency Resources

202 CROW 3316 BILLINGS′ MT ROCKY MOUNTAIN CROW AGENCY SurfaceREGIONAL OFFICE

Section Township Range State County Merュ dian Lega■ Description Acres7 004.00S 032.00E MONTANA BIG HORN Principal SE 160.00028 006.00S 031.00E MONTANA BIG HORN Principa■ N NE 80.000

SW NE 40.00033 003.00S 029.00E MONTANA YELLOWSTONE Principa■ E NW 80.000

NE 160.000S 320.000

TOTAL TRACT ACRES: 840.000

Tit■ e Status

Tract 202 3316 is he■ d by the United States of America in trust for the land owner(s)With trustinterests and/or by the land owner(S)With restricted interests and/or fee simp■ e interests′ as ■isted■n Appendix 'lA" attached to and incorporated in this Title Status Report.

The title to Tract 202 3316 is current′ comp■ ete′ correct′ and w■thout defect. Ownership is in un■ ty and■nterests are owned in the fo■ ■owing title status: trust′ fee.

The tract ownership is encumbered by the tit■ e documents as listed on Appendix ''B" attached to andincorpOrated in this Tit■ e Status Report.

The fo■ ■oWing notes app■ y to this land tit■ e:

202 37546 (23)

This repOrt does not cover encroachments nor any other rights that might be disc■ osed by a phys■ ca■

■nspection of the prem■ ses′ nor questions of location or boundary that an accurate survey may disclose.This Report also does not cover encumbrances′ including but not ■im■ ted to ■rrigation charges′ unpa■ dcla■ ms′ not filed or recorded in this Land Titles and Records Office. This report does not state thecurrent ownership of the ■nterests owned in fee s■ mp■e but states the ownership at the time the ■nterestceased to be he■ d in trust or restr■ cted ownership status.

This Tit■ e Status RepOrt is a true and correct report of the status of title to the real estatedescribed here■n according to the offic■ al land records recorded and ma■ nta■ ned in this office.

/*ud4'za A"*'-'Manager, Land TitLes and Recoids OiEIce

Case 1:14-cv-00020-SPW Document 21-1 Filed 06/20/14 Page 1 of 3

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Exhibit 1, page 1 of 3

Appendjl tt21"

Effective Ownership as of 06/76/2071―――――――――――― OWNER ―――――――――――- 1 -― ―― DOCUMENT ―――- l NAME ACQUIRED I FRACTION EAGGREGATE SHAREFAGGRECATE

T凛 &ID鑑 &|ギ讐翼乱卜

nterest CIass Type Nunber lsuRNALc/EIRsr l.IArml es ACoUTRED coNvERTED To LcD I DECTMAL

202 CROW X000046 Non lnd Fee A■ ■ Fee Pate SPEC AUT 25095 HE DOES IT ■ 30ESTHER MOSER 9 270 .11■ 111■ 110

202 CROW U006063 1ndian Trust All Prob Ord TESTATE SL64F998 YARLOTT 2 20~ MT 07/05/■

951 HELEN OLDCOYOTE 27 270 0740'40'41

202 CROW U007044 工ndian Trust A1l Prob ord TESTATE SL35F97 」E FFERSON 2 20~ MT 12/07/1952

BRENDA 27 270 .0740740741

202 CROW U007050 Indian- l4T 0.1 /31/7956

A■ 1 Prob Mod 」DGE ORD SL084F97 HE DOES IT

27

20

270 .0740740741

202 CROW U000944 1ndian Trust Al■ PrOb ord TESTATE B153B974 RED WOL「 1~ Mr 02/11/1965 vERNON L 6

Trust A1l Prob ord INTE B1551B976 RED WOLF ■ 72VERNON L ■0 270 2666666667

10

27

270 1000000000

202 CROW U009288 工ndian Trust A■ ■ Prob Ord INTE B■ 551B976 CHRISTENSEN- lrr L2/L2/1966

202 CROW U009641 1ndian Trust Al■ Prob ord INTE B1551B976 FISCuS 1 27~ MT l1/24/1969

」tL工 ET M lo 270 .1000000000

202 CROW U010015 1ndian Trust A■ ■ PrOb Ord INTE B工 55■B976 ROCKABOVE 1 27~ MT 12/2'/1971

」OSEPH 0 1o 270 _1000000000

202 CROW U013540 1ndian Trust All Prob Ord INTE P000082272 DEHOYOS 1 27~ M・

06/25/1989 MATTHEW A 10 270 .1000000000

240

270 8888888890

l-egal title interest merged together. 30

2フ 0 1111111110

270

and the


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Ownership of Tract 202 3316 is

Appendix trB"

encumbered by the following:

ELIAS HUGS

AGRICULTURE LEASE

S RANCH, LLCELectric Line and PowerBlG HORN COUI, TY ELECIRIC COOPERATIVEINC.!e I ephone / Te I e gr aph

NEMoNT TELEPHoNE/PRoJECT TELEPHoNE CoElectric Line and Power

MONTANA POWER COMPANYHighuays and Roads

OFFICE OE I,AND AND WATER RTGHTS SSC,NAT PARK SERVHighways and Roads

BIG HORN CANYON NRAAGRICULTURE LEASE

'IILLIAM UPEELMAN (CAMP 6 EARM)

1196920914

36755

36920

15282

800239681N

1224671318

202C200011

202C200144

202c2005■ 6

202c200522

202C200929

202C200931

202C250099

202c250242

11/01/2009

11/0■ /2009

01/16/2004

■0/31/2014

120 000

560 000

40 000

■20 000

560 000

120 000

840 000

160_000

1200200914

1196920914

202 36755

202 36920

202 14000

80023968工 N

1224671318

05/13/2004 PERPETUAL

08/■ 1/1966 08/10/2016



10/01/2013 09/30/2018

Tvp● of 2ncu口brance 2n― branc● コo■ der E=piratiOn Date 22… ■t Nlnber De●sription and Exp■ anationRIGHTS OF WAY MONTANA POWER COMPAllY 08/10/2016 14000 R/W FOR BLCS― YELLOWSTONE 230 KV TRANS LINE′

ACROSSNNE,SENE SEC 33 T 3S R.29E′ APPD 8-11-66′ TERMOF 50 YRS′ SUB」 TO RENEWAL FORLIKE TERM′ PURS TOACT 2-5-48 (62 STAT 17) WHEELING ARRANGEMENTSTIPULATED MPC CONTR 14-06- 600-8264 WITH BUR OF

PERPETUAL 15282 R/W FOR BIG HORN ONYON NAT10NAL RECREAT10NAREA,ACROSS WNE SEC.28 T 6S R_31E′ APPD 10-11-68′PURSUANr TO THE ACT O「 2-5-48 (62 STAT 17)


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TAX DEED

TH:S DEEDis made by MAX LEN!NGTON,County Treasurer ofthe County of Ye‖ owstone,in

the S■te of Montana,to COLORADO ASSETS LLC,331538丁 H STREET WEST,B:LLINGS,MT 59102as pЮvided by the laws ofthe State of Montana

Whereasithere was assessed for 2009 the lb‖Owing real prope中 i

Tax Code No D12348

鷲構鸞LLC on DeCenlber 15,2011

Whereas,a tax sa!e certincate was duly issued and iled o「 the sale otherwise recorded as

required by iaw:and

Whereas,notice was given to interested pattes in accordanco with lC卜 18‐212 thatthe issuance

of a tax deed was pendingi and

Whereas,he property tax‖ en has not been redeemed by FELLER,D:ANA C(ETAL)or anyOmer persOn enu」 ed tO redeem l dunng the redemplion pe"od provded in 15‐ 18‐ 111

Now,therefore,:,MAX LEN:NGTON,County Treasurer of he County of Yo‖ owstone,in the State

of Montana,in consideraton ofthe sum Or s356.00 paid,hereby grantto COLORADO ASSETS LLC a‖the propett sluated in Ye‖ OWStone County,State of Montana,desc"bed in this d∝ ulTlent

Ⅷ tness my hand on this date December 9,2013

STATE OF MONTANA

County of Ye!lowstone

Mru( LENINGTON, County Treasurer of YellowBbne County, ln the State of Montana, personally knownlo me to be the person whose name is subscrib€d to the within inEtrurnent and acknowledged to me thathe / she, as such County Treasurer, executed the same.

lN WTNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day andyear fir8t above written. i

〓雇華罐蓬嘩Montan3 MOddaL h治 ‖owstone Counけ ,Mon●n■ usA P■ ont#25■50中

“

:J田撃´

3 SeC 33,

TOWn3h● 3 SOuth,Range 29 East.

and ex-officio Recorder of

ル ●Case 1:14-cv-00020-SPW Document 21-2 Filed 06/20/14 Page 1 of 1

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Exhibit 2

QCD 37042=3雉 k_観卜樹1静轟押研11監::

RETURN TO:Ktt Hacker331538血 Street West

Blllings,Ⅲ 59102

誦‖む禰輔li欄m耐帥 lh‖ょ的蹴日‖

QUIT CLAIM DEED

For valuable consideration, Colorado Assets LLC, grantor, address of 33 15 386 Street West,Billings MT 59102 does hereby convey, release, remise and forever quitclaim unto Kurt Haeketgrantel, address of 3315 38h Street West, Billings MT 59102 and to his heirs and assigns all ofthe right, title and interest of Colorado Assets LLC to the following described premises, inYellowstone County Montana to-wit.

An undivided ll9yo interest in the East Tz,Southwest Vn,East % Norttrwgst %,

of the Principle Montana Meridian, in Yellowstone County, Montana. USAPatent # 25-85-0445, 560 AC Section 33, Township 3 South, Range 29 East

Colorado Assets LLCBy

勧雄 _

Kurt Haeker as Managing Member of Colorado Assets LLC

State of MontanaCounty of Yellowstone

On this May 2,2014 before me, a Notary Public in and for the State of Montana personallyappeared Kurt Haeker as Managing Member of Colorado Assets LLC known to me to be theperson whose name is subscribed 3o the within instmment and acknowledged to me that heexecuted the same.

Notary Publiε the

Residing atMy Commission Expires: D I l.


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Exhibit 3


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Exhibit 4, Page 1 of 2


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